Q&As

Where pursuant to the terms of a residential lease service charge is recoverable as ground rent in arrears, can a freeholder recover sums dating back six years where it failed to issue service charge demands within 18 months of the sums being incurred?

read titleRead full title
Produced in partnership with Kate Andrews of Hamlins
Published on LexisPSL on 12/10/2018

The following Property Q&A produced in partnership with Kate Andrews of Hamlins provides comprehensive and up to date legal information covering:

  • Where pursuant to the terms of a residential lease service charge is recoverable as ground rent in arrears, can a freeholder recover sums dating back six years where it failed to issue service charge demands within 18 months of the sums being incurred?

It has been assumed that the freeholder is the tenant’s direct landlord and that the tenancy is not a type that falls outside the scope of the Landlord and Tenant Act 1985 (LTA 1985), eg public sector tenancy or a rent-controlled tenancy.

By LTA 1985, s 20B(1), the freeholder must issue a demand within 18 months of the costs having been incurred, failing which the freehold would be statutorily barred from recovering the service charge.

If a demand is issued on a later date, the freeholder can only recover these costs where it has previously served a notice pursuant to LTA 1985, s 20B(2)

Popular documents